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Crim 131 > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Explain what is meant by critical thinking

A

Distinguish between fact/opinion
Consider multiple perspectives
Being open-minded to other ideas

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2
Q

Define crime and how it’s constructed

A

An act or omission that is prohibited by law
Constructed by:
Commission of an act (actus reus)
Mental intent to commit the act (mens rea)

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3
Q

List and explain the different perspectives on the origins and application of criminal law (1)

A

Value Consensus Model- What behaviors are defined as criminal + the punishment imposed reflect commonly on opinions and limits of tolerance; Application of laws, society reaffirms acceptable boundaries + maintain social cohesion

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4
Q

List and explain the different perspectives on the origins and application of criminal law (2)

A

Conflict Model- Crime/punishment reflect the power groups have to influence formation/application of crim law; See rich/privileged as having an advantage in influencing law reform + what happens to people involved in cjs

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5
Q

Identify types of Canadian law

A

Substantive law- sets out rights/obligations of each person
Procedural laws- legal processes that protect and enforce rights of substantive law

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6
Q

Describe functions of criminal law

A

Mechanism of social control
Maintains order
Defines the parameters of acceptable behaviors
Reduces the risk of personal retaliation
Assists in general/specific deterrence
Prosecutes crim behavior
Protects group intrests

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7
Q

Key principles of Canadian law

A

An act does not make a person guilty without a guilty mind
No crime or punishment without a law
Ignorance of the law is no excuse
No one is compelled to self-incrimination
No one should be tried twice for the same crime

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8
Q

Important of the rule of law

A

Requirement that government and individuals be subjected to and abide by the law

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9
Q

Discuss the significance of the Canadian Charter of Rights and Freedoms

A

Guarantees fundamental freedoms, legal and quality rights for all Canadian citizens

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10
Q

Summarize main provisions of the Canadian Charter of Rights and Freedoms

A

Freedom of:
Conscience/religion
Thought, belief opinions, and expression
Peaceful assembly
Association

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11
Q

Describe Canadian Criminal Code

A

Federal legislation that sets out criminal laws, procedures of prosecution, and sentences and procedures from the administration of justice

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12
Q

Discuss issues related to application of criminal law in a diverse society

A

Prejudice, racism, stereotyping

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13
Q

Evolutionary roots that make critical thinking difficult

A

Humans evolved in a way where it’s necessary to be together for survival
Preference to agree with a groups opinion
Ideology can create mental blocks that act as barriers

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14
Q

Role of Universities as a social institution

A

Opposing positions can be discussed logically and freely

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15
Q

Types of arguments and their importance in critical thinking

A

Logic - Mistakes in reasoning
Facts - Existed, exists, or will exist
Policy - Conditions should exist or actions should be taken
Values - Approval or disapproval

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16
Q

Difference between crime and deviant behavior

A

Behavior violates social norms, crime violates law

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17
Q

Purpose of the CJS

A

Notion of “justice” for everyone
Respecting rights of victims/offenders
Ensuring safety and security of communities

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18
Q

Roles and Responsibilities of the federal and provincial/territorial governments

A

Federal - Decides which behaviors constitute crim offences
Provincial - Responsible for law enforcement and administrating the justice system

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19
Q

Compate two models of CJ Administration

A

Crime Control - Protection of the community and apprehension of offenders are paramount
Due Process - Legal rights of individual citizens are paramount

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20
Q

Describe flow of cases through the CJS

A

Incident, Police System, Criminal court system, Corrections and parole system

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21
Q

Criminal Justice Funnel

A

Numerous crimes enter the system, but only a few result in prison sentances

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22
Q

Discretion in CJS

A

Freedom to choose between different options when confronted with the need to make a decision

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23
Q

Task environments of the CJS

A

Cultural, geographic, and community settings in which the cjs operates and the personnel make decisions

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24
Q

Issues of ethics in criminal justice

A

Foundation of knowledge that describes right/wrong and applies to harm and fairness
Highlight moral issues; human enterprise + discretion

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25
Levels of Accountability in CJS
Police - Internal/External; civilian oversight, crim charges, civil suits Crown Counsel - Internal review, generally immune to prosecution Defense Lawyer - Review/sanction; no independent oversight Judge - Internal review; review/sanction/dismissal Probation officer, Parole board/officer- Internal review; no external independent oversight
26
Factors that affect public confidence/trust
News, shows/movies
27
Term politics of criminal justice
Interplay between the government and cjs where elected officials effect how justice carried out
28
Deterrent effect of CJS
People must be aware, certainty of punishment, sanction must be applied swiftly
29
Restorative Justice approach
Focus on problem solving, addressing needs, involving community, reducing likeliness of reoffending (video w/boy and natives)
30
Racism, discrimination, inequality
Racism - prejudice, antagonism against a specific race Discrimination - Action/decision that treats a person/group negatively Inequality - Application of different rights towards different people
31
Racialized persons, racialization, racial profiling
Racialized persons - people who are not Caucasian, excluding indigenous Racialization - society's construction of races as unequal economically, politically, and socially Racial Profiling - actions taken on the reliance of stereotypes about races
32
Increasing costs of CJS
People with lower social economic statuses are more effected, leads to upper class benefiting, affects people racially
33
Changing boundaries of CJ agencies
Historically clear boundaries; police on apprehension, courts on prosecuting/sentencing, corrections on implementing sentences
34
Issues that affect victims of the CJS
physically, psychologically, emotionally, financially, and socially
35
Lack of Diversity in the CJS
Historically staffed by Caucasian males, only one main viewpoint/experience
36
Evolution of policing
Early municipal police (conflicts between ethnics, employers, moral standards, apprehend criminals) Heavily influenced by politics and patronage
37
Structure of policing
Four levels: Federal Provincial Regional/Municipal Indigenous
38
Roles of the Police
Crime control Order maintenance Crime prevention/service Authority - Derived from laws Use of Force - Authority to use force when necessary
39
Police work and issues in a democratic society
Justice - maintain peace and security Equality - all citizens entitled to services Accountability - subject to review Efficiency - cost-effective
40
Political Policing
Secretive police investigate activities and surveillance those deemed to be a threat to the stability/status quo of the state
41
Structure of police government
Police acts - legislative framework Policing standards - services maintained and delivered Police boards/commissions - oversight of the police
42
Recruitment and training officers
Canadian citizen, 19+, physically fit, grade 12 education, no crim convictions/charges, common sense + good judgement Trained in house or at a facility w/operational field training
43
Working personality of police officers
Various pressures/demands, excessive suspiciousness, difficulty using authority while balancing rights and maintaining order, protective cynicism, preoccupation w/danger
44
Challenges with Police work
Fatigue, minorities, work/life balance, organizational problems, sexual harassment Stress injuries; PTSD, physical/mental conditions
45
Canadian Charter of Rights on police powers
Wide range of statues on motor vehicle administration acts, highway traffic acts, liquor acts, and provincial/municipal police acts
46
Accountability of actions Police
Internal/External; civilian oversight, crim charges, civil suits, formal channels to lodge complaints
47
Role of discretion in policing
Power/right to decide/act according to one's judgement seriousness of incident up, discretion down
48
Biased policing/racial profiling
police officers make decisions on the basis of stereotypes vs probably grounds
49
Carding/Street Checks
Tendency to check racially for people Upped training in an attempt to lower that Used to instill fear
50
Police Use of Force
Must be a duty required or authorized to do Act on reasonable grounds May only use as much force is necessary Responsible for excess use of force
51
Use of force 2
Dialogue, empty hands, compliance tools lethal force Can use one above the level threatened with
52
Searches, seizures, detention, arrest, interrogation, and entrapment
Cannot be at random, reasonable suspicion, should not be harassed into commiting an offence they would have not done otherwise
53
Detian/arrest, interrogation
Can only arrest if there's a probable reason to, information of rights and why must be given Interrogation - limited use of manipulation
54
Misconduct
Violation of policies, are liable for misconduct Sanctions can be reprimands, forfeiture of pay, suspension, counselling, or resignation
55
Due Process
Legal rights of individual citizens are paramount
56
Adversarial system
Court acts as a ref between prosecution/defense (Canada) Neutral judge/jury Proof beyond a reasonable doubt
57
Inquisitorial system
Court actively involved in investigation, innocent until guilty (Italy)
58
Limitations of Restorative Justice
Self-selection bias
59
Gender disparities
Women more likely to be victim of violence, avoid charges/convictions, receive shorter sentences
60
Equality of opportunities/outcomes
Equal opportunities, not necessarily equal outcomes
61

Crim 131 (1 decks)

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